Everything You Need To Know About Recreational Marijuana In Oregon

In less than two weeks, Oregonians — and any one else 21 and older — will be able to walk into a marijuana shop and buy pot, the latest milestone in the state’s long history with the drug.

Though the Oregon Liquor Control Commission doesn’t plan to launch a regulated recreational market until late next year, the Legislature authorized medical marijuana dispensaries to sell to the recreational market starting Oct. 1. Until now, dispensaries served only medical marijuana patients and their caregivers. Starting next month, they will be able to sell to anyone with a government-issued ID that shows they are 21.

Here are some of the most common questions about Oregon’s early sales program, which will be overseen by the Oregon Health Authority, the agency that regulates medical marijuana dispensaries.

Who can buy marijuana starting Oct. 1?

Anyone 21 and older may purchase marijuana.

What can I buy?

The state allows consumers to purchase up to 7 grams – a quarter-ounce – of marijuana per day. That’s enough for between seven and 14 joints.

The law also allows people to buy four starter plants, known as clones. Dispensaries are allowed to sell up to four plants to the same person between Oct. 1 and Dec. 31, 2016. The state’s marijuana law allows anyone 21 and older to possess up to four plants.

People may buy an unlimited number of seeds.

What products are off limits to recreational consumers?

Marijuana concentrates, known as extracts or hash oil, may be sold only to medical marijuana patients and caregivers.

Marijuana-infused foods and topical products also can’t be sold to recreational shoppers.

What’s to keep people from buying 7 grams at a dispensary and going to a second or third dispensary to buy more?

Nothing. Though by law people are not supposed to buy more than 7 grams of marijuana a day, the state will not track those purchases.

Stores are required to develop written policies to ensure they won’t sell more than what’s allowed per day.

When can I buy cannabis-infused cookies and treats and marijuana extracts and concentrates?

Probably sometime next year. The Oregon Liquor Control Commission will determine when those products will be available to recreational consumers. The agency is expected to launch regulated marijuana sales late next year.

The Oregon Legislature this year passed a law allowing early sales of recreational marijuana at medical marijuana dispensaries. Those sales will be overseen by the Oregon Health Authority, which regulates dispensaries.

Where can I buy marijuana starting Oct. 1?

The Oregon Health Authority has approved 345 medical marijuana dispensary applications, but it’s up to each to decide whether to sell to recreational consumers.

The state requires dispensaries to post a prominent sign at the entrance indicating they sell to recreational customers or that they will sell only to medical marijuana patients and caregivers.

The state won’t have a list of dispensaries planning to sell to people 21 and older until late September.

What kind of ID will I need?

A valid driver’s license or another piece of government-issued identification that lists your date of birth.

Will my name be recorded by the store and reported to the state?

Dispensaries are not required to record the names of people buying recreational marijuana.

What details will be recorded about my purchase?

Dispensaries are required to document whether you bought dried flowers, joints, plants or seeds. The store will note the amount of marijuana you buy, as well as your birthdate, the sale price and the date.

How much should I expect to pay for marijuana?

Prepare to pay roughly $10 to $15 a gram.

Will my purchase be subject to an Oregon sales tax?

Not for a while. The state will begin collecting a 25 percent tax on recreational marijuana sales starting Jan. 4, 2016.

Can I pay with a credit card?

Cash is your best bet. The federal prohibition on marijuana complicates banking for dispensaries. As a result, most tend to be cash-only businesses.

Can I legally order marijuana from a delivery or courier service?

No. Those types of businesses and services aren’t allowed by the state.

I am an Oregon medical marijuana patient. Can I buy medical marijuana from a dispensary that is selling to recreational consumers?

Yes.

Can Oregon medical marijuana patients between the ages of 18 and 21 still purchase medical marijuana at dispensaries selling to the recreational market?

Yes.

My friends from out of state are coming to Portland to visit. Can they buy marijuana?

Yes, anyone 21 and older may purchase marijuana.

Once I’ve made my purchase, where can I legally consume the drug?

At home, at your friend’s house or another private place.

Can I light up a joint at a park?

No. It’s illegal to consume in public places, which under state law includes hallways and lobbies of apartment buildings and hotels, on the street, in schools, amusement parks and public parks.

How about TriMet? Can I get high on the bus?

Not legally. Public transportation is considered a public place.

Can I smoke on my front porch?

Can your neighbors and passers-by see you? If so, your front porch is probably a public place and public marijuana consumption is illegal. You’re better off moving to your back porch to consume.

What is the penalty for public consumption?

Consuming marijuana in public is a class B violation, the equivalent to a traffic ticket. The punishment is a fine of up to $1,000.

Can police ask me where I obtained my marijuana? Do I have to answer?

Police may ask you, but you do not have to tell them.

Can I be charged with a crime if I go over the possession limit?

Yes. Even with changes to the law, it’s still possible to be charged with a crime for marijuana possession in Oregon.

Possession of more than 8 ounces but not more than 16 ounces is a class B violation, a non-criminal violation equivalent to a traffic ticket.

Possession of between 16 and 32 ounces is a class B misdemeanor. Possession of more than 32 ounces of flower is a class A misdemeanor.

I’ve been convicted of a felony. Can I buy marijuana?

Yes.

I’m on probation. Can I buy marijuana?

You won’t be prevented from buying marijuana but whether you may possess it is another question. Probation agreements typically require people to comply with all laws. Anthony Johnson, the chief petitioner of Measure 91, said that’s been interpreted to include federal laws, which consider marijuana to be illegal.

I live in Idaho and plan to travel to Oregon to buy recreational marijuana after Oct. 1. What do I need to know before taking my purchase back home?

That’s a very bad idea.

“Our law is very simple in Idaho,” said Idaho State Police Lt. Brad Doty. “Regardless of whether it’s legal in a different state or you have a doctor’s note or a prescription, it is illegal to possess any amount of marijuana in the state of Idaho.”

Possession of up to three ounces of marijuana is a misdemeanor punishable by up to one year in jail. More than three ounces is a felony.

Even if you don’t have marijuana but you’ve got a pipe or other paraphernalia used to consume marijuana, you could be in hot water in Idaho. Possession of paraphernalia is a misdemeanor crime.

“You can go to jail just as easily for having the paraphernalia, just for the pipe,” Doty said.

What about air travel? Can I fly with marijuana I bought at a dispensary?

Probably, as long as your destination is Medford or somewhere else in Oregon.

A spokeswoman for Portland International Airport said travelers 21 and older who possess less than 8 ounces of marijuana “will not be prevented from getting to the gate for a departing flight” as long as their destination is in state.

Airport officials also suggested that you check with your airlines for their rules or policies since “not all carriers permit marijuana on their airplanes regardless of destination.”

However, airport rules don’t allow you to fly out of state with marijuana, even if your destination is Seattle or another place where marijuana is legal.

What happens if I am headed out of state and security finds marijuana in my possession?

You’ve got a couple of options, according to airport officials. You can return it to your car or, if the person who took you to the airport is 21 or older and hasn’t already left, you can turn it over to them.

Unlike a pocketknife, which is prohibited on flights, you can’t mail it to yourself since it’s illegal to send cannabis through the U.S. mail.

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